Colorado Supreme Court Allows Climate Lawsuit Against Oil Giants to Proceed
In a notable development, the Colorado Supreme Court has allowed a significant lawsuit against two major oil and gas companies to advance, aiming to hold them accountable for climate-related damages. This decision marks a pivotal moment in Boulder County’s ongoing legal battle with Suncor Energy and ExxonMobil, which has spanned several years.
Initiated seven years ago, the lawsuit by Boulder’s city and county governments seeks to make Suncor Energy and ExxonMobil financially responsible for the impacts of climate change, allegedly driven by the companies’ activities. The legal journey has traversed numerous courtrooms before reaching the state Supreme Court, which deliberated on whether the claims could be pursued in state court despite emissions potentially originating outside Colorado.
The Colorado Supreme Court ruled 5-2 in favor of Boulder, determining that federal law does not preempt the city’s claims, thus allowing the case to return to district court for further proceedings. Boulder Mayor Aaron Brockett lauded the decision, emphasizing the community’s suffering due to climate change and the need for justice and resources to safeguard the future.
Conversely, the National Association of Manufacturers expressed opposition, urging the U.S. Supreme Court to intervene and assert that energy producers should not be held liable for climate change under existing laws. Linda Kelly, the association’s Chief Legal Officer, criticized the litigation as a distraction from effective climate solutions.
Boulder officials aim to compel the oil giants to cover costs related to climate change, including recovery from severe weather events like wildfires and floods, and impacts on snowfall vital for tourism. The companies, however, argue that greenhouse gas emissions should be regulated federally under the Clean Air Act, not by individual states.
Supporting Boulder, the Colorado Supreme Court found the city’s claims valid under state law, dismissing counterarguments from the oil companies. Justice Richard Gabriel, writing for the majority, noted the absence of persuasive reasoning from Suncor and Exxon’s legal team, particularly concerning international implications.
“Those claims could therefore proceed”
The court’s majority opinion, however, faced dissent from Justices Carlos Samour Jr. and Brian Boatright, who contended that the decision misinterprets federal law. They warned of potential regulatory chaos from similar court decisions across the country and suggested U.S. Supreme Court intervention.
Originally filed in 2018 in Boulder District Court, the lawsuit accuses Suncor and Exxon of creating public nuisances and violating the Colorado Consumer Protection Act. The suit claims the companies engaged in a conspiracy to deny climate change and promote continued fossil fuel use.
While similar lawsuits in states like New Jersey, New York, and Maryland have been dismissed, a case in Hawaii remains active. The U.S. Supreme Court has yet to address such lawsuits, with the 10th U.S. Circuit Court of Appeals indicating state courts are appropriate venues for these matters.
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Originally Published:
Original Story at www.denverpost.com